O'Malley administration supports medical marijuana bill for research

Bill would establish compassionate-use research programs

This legislative session's medical marijuana bill may be doomed unless the O'Malley administration gets behind it and the federal government clears a legal path.

O'Malley administration supports medical marijuana bill for research

Bill would establish compassionate-use research programs

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Updated: 6:31 PM EST Mar 8, 2013

ANNAPOLIS, Md. —

The O'Malley administration is supporting a medical marijuana bill under consideration by a House committee -- as part of a research program.

The bill paves the way for patients who have chronic or debilitating medical conditions to use marijuana for pain relief and to increase their appetites. This bill may have a shot of passage as it has 51 co-sponsors and the support of the medical and psychiatric community, the Legislative Black Caucus and the conditional backing of the O'Malley administration.

Marijuana has been part of mankind's medicine chest for centuries, and now there's a spark of hope that the sweat leaf can be used legally in Maryland under a tightly-controlled research program.

"It does not create walk-in medical marijuana centers. It does not create dispensaries or distribution points. It does not allow for any diversion of marijuana," said Baltimore County Delegate Dr. Dan Morhaim, D-District 11, speaking to House Bill 1101.

The measure is being heard by a joint House committee, and it has the backing of O'Malley administration, if amended, wbaltv.com reported Thursday. The O'Malley administration seeks an amendment to give the state the power to suspend the program if the federal government threatens to prosecute.

"This year, the amendments we have give discretion to the state to defer implementation if it looks like state employees will get prosecuted," state Health Secretary Dr. Joshua Sharfstein said.

The bill establishes a medical marijuana commission under the state Department of Health and Mental Hygiene. Members of the commission would include law enforcement and medical professionals who would be tasked to choose the academic medical centers that will operate compassionate-use research programs, or hospitals that offer training for physicians and others.

The commission members would also choose the patients who would take part in the research, and the project will be overseen by the federal Department of Health and Human Services and the state DHMH will license medical marijuana growers.

"It could potentially help me immensely if I get included in the study," said Barry Considine, who lives with post-polio syndrome and uses marijuana to ease severe pain.

"Medical studies, in general, are limited. They limit the number of patients that are accepted. They limit the kinds of patients that are accepted," Considine said.

Florida stockbroker Irvin Rosenfeld said he considers himself lucky. He lives with a bone disorder that causes tumors and hemorrhaging that he said is controlled by marijuana. He's one of four people participating in a federal medical marijuana program.

"I'm very successful in business. I teach disabled people to sail. I'm a productive member of society, not a drain on society, homebound. I'd be on disability without my medicine," Rosenfeld said.

The governor is demanding six amendments to the bill that would include establishing a fund for contributions and grants, as well as authorizing the defense of state workers facing federal charges for participating in the program.

Other bills are also proposed in the State House. One bill would authorize the establishment of a medical marijuana advisory board, and it authorizes the DHMH to regulate the distribution of marijuana, which would be used for medical purposes only, through a registration process that involves a physician who has an ongoing relationship with a patient.